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Quick Hits

  • A clerical error led to the Cal/OSHA Appeals Board’s decision to retract a worker-friendly ruling that it issued on March 12, 2026.
  • In the original ruling, the Appeals Board overturned a Cal/OSHA administrative law judge’s decision that vacated two Serious Accident-Related citations the agency imposed on a general contractor after a sub-subcontractor’s worker sustained serious injuries in a fall accident.

In its KPRS Construction Services, Inc., decision, issued on March 12, 2026, the Appeals Board overturned a Cal/OSHA administrative law judge’s (ALJ) vacating of two Serious Accident-Related citations the agency imposed on a general contractor after a sub-subcontractor’s worker fell about twenty-seven feet off a roof, sustaining serious injuries.

Although the Appeals Board retracted its ruling, general contractors and controlling employers in California may want to note the following:

  • Inspections should be conducted in every place where employees are working.
  • Employers must demonstrate due diligence to establish a valid lack of knowledge defense.
  • General contractors are responsible for all subcontractors, even sub-subcontractors.

The case is now back with the Appeals Board for reconsideration.

Ogletree Deakins’ California offices and Workplace Safety and Health Practice Group will continue to monitor developments and will post updates on the California, Construction, and Workplace Safety and Health blogs as additional information becomes available.

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